January 10, 2018

USPTO:  Change in Practice for Utility Reissued Patents Effective January 16, 2018

Effective January 16, 2018, each utility reissued patent requires its own maintenance fee payment during the unexpired part of the term of the original patent (unless the original patent was filed before December 12, 1980). The new practice requires a maintenance fee to be paid in each reissued patent in force on (i.e., issued before) the maintenance fee due date. This includes all reissued patents that replace the same original patent and have maintenance fees due on or after January 16, 2018. The new practice also includes a requirement for maintenance fee payments in original patents that are not surrendered because one or more reissue applications of the same original patent are still pending on the maintenance fee due date. In summary, for maintenance fees due on or after January 16, 2018, the new practice requires a separate payment of the maintenance fee for each reissued patent based on a single original patent, and for the original patent if there is a pending reissue application based on the same original patent, to maintain each reissued patent(s) and the original patent in force beyond the 4th, 8th, or 12th anniversary of the grant date of the original patent.   Source:  USPTO